There are various labor laws as well as acts in the United States of America that specify the criteria on which American firms should use to carry out their employment, treat their workforce and the process they adopt while trading locally and internationally. The Fair Labor Standard Act is an act that defines the minimum wage as well as the overtime payment that should be awarded to employees working in the United States. In addition, the act also addresses the minimum age required for employment and the consequences that are associated with illegal child labor. This act is concerned with the companies that focus on interstate commerce or those organizations that deal with transactions that are estimated to be over $ 500,000 annually.
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Therefore, it will be of paramount importance for the management of XYZ Construction Inc Company to comprehend the regulations specified by the Fair Labor Standard Act in order to find out the minimum salary that the act requires them to pay their employees as wages as well as payment for extra time. The act does not limit the employees on the number of hours they are willing to work. However, the act requires permanent employees to be paid 1.5 times their normal rate of pay for every hour worked past the 40 hours employees are required to work per week. The act protects the employees from any kind of discrimination that they may encounter, especially after filling a complaint or being involved in any illegal proceeding. The act requires employers to keep an accurate record of their employees concerning the wages paid, hours worked as well as any other essential information that may be considered important by the department of labor regulations (Lewis and Sargeant 45).
The occupation safety and health act of 1970 concerns every employee as it defines an employer as a person who participates in any business that influences commerce and who hires some people to assists him/her in managing his/her affairs. The act has given the Occupation Safety Health Administration (OSHA) the mandate to regulate functions as well as employees working standards. The OSHA sets and conducts an investigation of the workplace to make sure that employers offer their employees safe and healthful working environments.
The OSHA requires firms to abide by specific working conditions, methods, equipments, and processes in order to eliminate and minimize workplace hazards (Suter 5). Some of the controls that the OSHA stresses include ensuring that firms implement necessary engineering controls that help to minimize employees’ exposure to physical hazards as well as toxic substances. In addition, the OSHA requires the companies to be provided with appropriate protective equipments and train their personnel on how to use them. XYZ Inc Company should make sure that it has met all the OSHA requirements in order to avoid any lawsuit that may make it incur high costs. The management of XYZ Construction Inc Company should realize that its privatization process to a public entity exposes it to close monitoring in order to ensure that it will comply with all the standards required and therefore, it is likely to experience more exposure than before (Simon 178).
The management of XYZ Construction Inc Company should ensure that it has provided its workers with the necessary health benefits, compensation and appropriate retirement standards. The Employment Retirement Income Security Act is managed by the Employee Benefits Security Administration. Such benefits are voluntarily established and sustained to offer health benefits, prepaid legal service, disability benefits, day care centers as well as scholarship funds. The ERISA sets the certain standards to ensure that workers benefit plans are implemented and managed according to its rules. Moreover, ERISA assures that employers offer the benefits they pledge as well as satisfy its conditions for controlling and managing public retirement and welfare plans. Thus, XYZ Construction Inc Company should ensure that all its employees have an appropriate benefit plan and receive appropriate benefits as the company pledges. The management of XYZ Construction Inc Company should make records for all the benefits received in order to prove its compliance (Selwyn 6).
XYZ Construction Inc Company should also ensure that it employs only the U.S. citizens as well as aliens who are legally allowed to work in U.S.A. The Immigration and National Act ensures that firms only employ people who are authorized to work in U.S. Therefore, XYZ Construction Inc Company should verify the employment eligibility of its employees by completing the Employment Eligibility Verification to ensure that its alien employees are legally authorized to work in the U.S., in order to avoid any lawsuits (Keith 12).
As specified by the U.S. Employment Act, the construction companies should ensure that they do not discriminate against anyone in terms of employment. The company should take appropriate measures to guarantee that all applicants receive equal employment chances, such as rate of pay, layoff, selection, training as well as promotions, regardless of their race, religion, color, sex as well as nationality. Thus, XYZ Inc Construction Company should also adhere to this provision (Smith 67).
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Keith, Ewing. Labor Laws. New York: Prentice Hall, 2005. Print.
Lewis, David and Malcolm Sargeant. Essential of Employment Law. New York: Prentice Hall, 2005. Print.
Selwyn, Norman. Laws of Employment. London: Oxford University Press, 2008. Print.
Simon, William. Employment Law. London: Oxford University Press, 2008. Print.
Smith, Peter. Discrimination and Law. New York: Prentice Hall, 2004. Print.
Suter, Erich. A Guide to Employment Statutes. Cambridge: Cambridge University Press, 2005. Print.